Virginia divorce separation dating
A divorce from the bond of matrimony is a complete and absolute divorce.
Any person granted a divorce from bed and board may ask the court to "merge" the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated. Willful desertion or abandonment Desertion or abandonment requires both the breaking off of cohabitation and an intent to desert in the mind of the offender.
Separation Agreements, also known as Property Settlement Agreements, or sometimes by other names, are legal contracts that both spouses sign.
In an ordinary divorce case or in a "bed and board divorce," these agreements can be used to decide any of the questions of custody, support, property division, debt and other matters which would otherwise have to be decided in a court hearing as part of the divorce.
If you do not ask for such things in the divorce, you will give them up forever.
Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above.
Further, if one spouse leaves because the other has committed acts that legally amount to cruelty, then the spouse who leaves is not guilty of desertion.
Is mediation a requirement before you can get a West Virginia divorce? Find the answers to your West Virginia divorce questions here.
The courts will recognize and consider separation agreements in adjudicating divorce suits, but there is no legal separation per se in West Virginia, whether as a precursor to divorce or as a separate entity.
Annulments and Legal Separations; State Laws Getting a separation or divorce is of course common in every state, but you may not realize that every state has its own unique laws and rules that govern, and West Virginia is no exception.
What are the requirements for getting a divorce in West Virginia?
Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii).